CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 5. UTILITIES TAMPERING

As used in this article, all terms shall have the meaning and definitions as set forth in K.S.A. 66-160, as amended, and utility shall mean and specifically include the city’s municipally-owned water utility.

(Ord. 294, Sec. 2)

Unless exempt pursuant to K.S.A. 66-1606 or other state or federal law, it is hereby declared unlawful for any person to commit, authorize, solicit, aid, abet, or attempt any of the following acts:

(a)   Diverts, or causes to be diverted, utility services by any means whatsoever.

(b)   Makes, or causes to be made any connection or reconnection with property owned or used by the utility service without the authorization or consent of the utility.

(c)   Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means.

(d)   Tampers with any property owned or used by the utility to provide utility services.

(e)   Uses or receives the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use, or that the use or receipt, was without the authorization or consent of the utility.

(f)    Publishes the number or code of an existing, canceled, revoked or nonexistent telephone number, credit number or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices under circumstances evincing an intent to have the telephone number, credit number, credit device or method of numbering or coding used to avoid the payment of a lawful charge for any telecommunication service, or knowing or having reason to believe that the same may be used to avoid the payment of any such charge.

(g)   Obtains credit for or purchases utility service by the use of any false, fictitious or counterfeit telephone number, credit number or other credit device, or by the use of any telephone number, credit number or other credit device without the authority of the person to whom the number or device was issued, or by the use of any telephone number, credit number or other credit device knowing that such number or device has been revoked.

(h)   Avoids the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent scheme, device, means or method.

(Ord. 294, Sec. 2)

The violation of any provisions contained in section 15-502 shall be a misdemeanor and any person violating any of the provisions of the section shall, upon conviction, be fined a sum not to exceed $500, or by imprisonment for not more than one month, or by both such fine and imprisonment.

(Ord. 294, Sec. 2)

There is a rebuttable presumption that there is a violation of this article if, on premises controlled by the customer or by the person using or receiving the direct benefit of utility service, there is either, or both, of the following:

(a)   Any instrument, apparatus or device primarily designed to be used to obtain utility service without paying the full lawful charge therefor.

(b)   Any meter that has been altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of utility services.

(Ord. 294, Sec. 2)

If any section, sentence, subdivision, clause, or provision of this article or application thereof to any person or other entity or circumstances is held invalid or unconstitutional in a court of competent jurisdiction, the remainder of the article and the application of the section, sentence, subdivision, clause or provision to other persons or entities similarly situated or to other circumstances shall not be affected thereby.

(Ord. 294, Sec. 3)